Supreme Court · 2013 INSC 623 · Decided 16 September 2013

GOVT. of Karnataka and Anr v. K.C.SUBRAMANYA and Ors

Court
Supreme Court of India
Citation
2013 INSC 623 · [2013] 10 S.C.R. 144
Case number
CIVIL APPEAL No. 10195/2013
Decided
16 September 2013
Bench
GYAN SUDHA MISRA, PINAKI CHANDRA GHOSE (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC

Headnote

Code of Civil Procedure, 19.08 - Or.XL/, r.27(1)(aa) - C Conditions precedent before allowing a party to adduce additional evidence at the stage of appeal - Held: A party can seek liberty to produce additional evidence at the appellate stage, but the same can be permitted only if the could not be produced at the stage of D trial in spite of exercise of due diligence and that the evidence could not be produced as it was not within knowledge of the party and hence was fit to be produced by the appellant before the appellate forum - In the instant matter, the appellants

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